Hydrose Koyathangal vs The District Collector
2024 Latest Caselaw 5618 Ker

Citation : 2024 Latest Caselaw 5618 Ker
Judgement Date : 16 February, 2024

Kerala High Court

Hydrose Koyathangal vs The District Collector on 16 February, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   FRIDAY, THE 16TH DAY OF FEBRUARY     2024 / 27TH MAGHA, 1945

                       WP(C) NO. 4382 OF 2024

PETITIONER:

          HYDROSE KOYATHANGAL, AGED 61 YEARS,
          S/O. KUNHIKOYA THANGAL, VALIYAJARATHANGAL HOUSE,
          CHIRAMNANGAD PO, THRISSUR DISTRICT, PIN - 680604

          BY ADV MAHESH V.MENON

RESPONDENTS:

   1      THE DISTRICT COLLECTOR, THRISSUR, COLLECTORATE,
          AYYANTHOLE, THRISSUR, PIN - 680003

   2      THE SPECIAL DEPUTY TAHASILDAR (RR-V)
          KERALA STATE FINANCIAL ENTERPRISES,
          2ND FLOOR SIVASAKTHI BUILDING,
          THRISSUR, ROUND NORTH, THRISSUR, PIN - 680001

   3      THE VILLAGE OFFICER, CHIRAMANENGADU VILLAGE,
          VELLARAKKADU P.O, THRISSUR DISTRICT, PIN - 680584

   4      * ADDL R4:

          THE BRANCH MANAGER, KSFE, KUNNAMKULAM BRANCH,
          KUNNAMKULAM, THRISSUR DIST-680503

          * ADDL R4 IMPLEADED AS PER ORDER DATED 16.02.2024 IN
          I.A NO.1 OF 2024


          SRI P C ANILKUMAR, SC FOR KSFE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.C 4382 of 2024                      2




                                     JUDGMENT

The petitioner asserts that he had participated in a chit scheme

administered by the additional 4th respondent, which was subsequently drawn

in his favor. However, due to adverse financial circumstances, he became

unable to meet the repayment obligations in a timely manner. Consequently,

the respondent initiated proceedings to recover the outstanding amount. The

petitioner has received Exhibit P1 notice, indicating the imminent sale of the

mortgaged property. Based on these grounds, the petitioner has filed this writ

petition, seeking to annul Ext.P1 and requesting the respondents to allow him

to settle the amounts through installments.

2. The learned standing counsel submits that the total amount due

from the petitioner as of date is Rs.32,57,757/-. It is submitted that the 4th

respondent is not averse to granting an opportunity to the petitioner to clear

the amount. However, he submits that not more than six installments be

granted.

3. I have considered the submissions advanced and have carefully

gone through the records.

4. Upon careful consideration of the submissions made by both

parties, it is evident that the petitioner owes in excess of Rs. 32.57 lakhs to the

financier. The financier, very fairly, has agreed to permit the petitioner to settle

the outstanding amount through a limited number of installments. As a

measure of last resort, I am inclined to issue directions to facilitate the

petitioner in discharging his financial obligations. This approach is deemed

necessary to provide a structured pathway for the petitioner to clear off his

monetary liabilities in a manageable manner.

Resultantly, this writ petition is ordered, and the following directions are

issued:

(i) The petitioner shall approach the additional 4th respondent with a request to inform him of the details of the outstanding amount, together with interest and other charges due from him in respect of the loan account. If such a request is made within two weeks from the date of receipt of a copy of this judgment, the respondent shall forthwith issue a statement in writing detailing the amounts due.

(ii) On receipt of such a statement, the petitioner shall pay the amounts shown therein in fifteen (15) equal monthly installments commencing from 15.3.2024 and continue to pay the same on every successive month thereafter until the entire loan is wiped off.

(iii) If the amounts are diligently paid in terms of the directions above, coercive proceedings initiated against him by the respondents for the realization of the amount shall be kept in abeyance.

(iv) It is made clear that if the petitioner commits default of any two installments, he will lose the benefit of this judgment, and the financier will be free to continue the recovery proceedings against him from the stage at which he presently stands and recover the entire amount along with interest and other charges.